NY State Senate Bill 2019-S5166

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Apr 12, 2019	referred to investigations and government operations

co-Sponsors

2019-S5166 (ACTIVE) - Details

See Assembly Version of this Bill:: A8231
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Add Art 30-C §§1350 - 1354, Tax L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2005, A670
2023-2024: S339, A198

2019-S5166 (ACTIVE) - Summary

Imposes a commercial vacancy tax on vacant or abandoned commercial storefronts located in a city with a population of one million or more of one percent of the assessed value of the property.

2019-S5166 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5166

SPONSOR: JACKSON
 
TITLE OF BILL:  An act to amend the tax law, in relation to the impo-
sition of a commercial vacancy tax

 
PURPOSE:

This bill will impose a tax on commercial storefronts that remain vacant
for a prolonged period of time.

 
SUMMARY OF PROVISIONS:

Section 1 amends the tax law by adding a new Article 30-C that creates a
commercial vacancy tax.

Section 1350, paragraph 1 provides the definition of "commercial store-
front."

Section 1350, paragraph 2(a) provides the definition of "vacant or aban-
doned."

Section 1350, paragraph 2(b) provides the circumstances under which a
commercial storefront is not vacant or abandoned.

Section 1351 provides that the commercial vacancy tax shall begin on
January 1, 2020, and apply to vacant commercial storefronts in a city
with a population of one million or more. The tax shall be 1% of the
assessed value of the property, which includes such vacant or abandoned
commercial storefront.

Section 1352, paragraph 1 provides that every taxpayer subject to this
tax shall, on or before the 15th day of the 5th month following the
close of each of its taxable years, make and file a return with the
commissioner setting forth such information as the commissioner may
prescribe. Taxpayers that would cease to be subject to the tax would
make and file a return with the commissioner on the date of cessation or
at some other time the commissioner may require.

Section 1352, paragraph 2 provides that the tax shall be payable to the
commissioner in full at the time the return is required to be filed.

Section 1352, paragraph 3 provides that the commissioner may grant a
reasonable extension of time to file a return or for payment of the tax
under conditions deemed just and proper.

Section 1353 provides for the depositing and disposition of the tax
collected or received by the commissioner.

Section 1354 provides that the commissioner shall administer and enforce
the tax imposed, is authorized to make rules and regulations, and to
require such facts and information to be reported in order to enforce
the tax.

Section 2 is the effective date.

 
JUSTIFICATION:


Storefronts are an important aspect of defining the characteristics,
culture, and effervescence of a community. As rents continue to rise in
New York City, small mom and pop stores, and in some cases larger corpo-
rate retailers, find themselves grappling to afford increasing rents.
Without a deterrent to prevent empty storefronts, commercial landlords
often hold out for a prolonged period of time waiting for a new tenant
to sign a long-term lease at an exorbitant monthly rent. Consequently,
vacant storefronts are becoming all too common. Vacant storefronts are
nuances that deprive residents of goods and services in their communi-
ties.

This legislation requires that the landlord of any commercial store-
front, in a city with a population of one million or more, pay a tax of
1% of the assessed value of the commercial storefront where the store-
front has been vacant for 6 months or more.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
/his act shall take effect immediately.

2019-S5166 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5166
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the tax law, in relation to the imposition of a  commer-
   cial vacancy tax
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The tax law is amended by adding a new article 30-C to read
 as follows:
 
                               ARTICLE 30-C
                          COMMERCIAL VACANCY TAX
 SECTION 1350. DEFINITIONS.
         1351. IMPOSITION OF TAX.
         1352. RETURNS AND PAYMENT OF TAX.
         1353. DEPOSIT AND DISPOSITION OF REVENUE.
         1354. GENERAL POWERS OF THE COMMISSIONER.
   § 1350. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "COMMERCIAL  STOREFRONT"  MEANS AREA WITHIN A BUILDING THAT MAY BE
 INDIVIDUALLY LEASED OR RENTED FOR THE PURPOSE OF CARRYING ON OR EXERCIS-
 ING ANY TRADE, BUSINESS, PROFESSION, VOCATION OR COMMERCIAL ACTIVITY.
   2. (A) "VACANT OR  ABANDONED"  MEANS  A  COMMERCIAL  STOREFRONT  WHICH
 EITHER  (I)  IS  UNOCCUPIED  AND  UNSECURED;  OR  (II) IS UNOCCUPIED AND
 SECURED BY BOARDING OR OTHER SIMILAR MEANS; OR (III) IS  UNOCCUPIED  AND
 UNSAFE  AS  DEFINED  IN THE BUILDING CODE OF THE MUNICIPALITY WHERE SUCH
 COMMERCIAL STOREFRONT IS LOCATED; OR (IV) IS UNOCCUPIED AND HAS MULTIPLE
 CODE VIOLATIONS OF THE BUILDING CODE  OF  THE  MUNICIPALITY  WHERE  SUCH
 COMMERCIAL  STOREFRONT  IS  LOCATED; OR (V) HAS BEEN UNOCCUPIED FOR OVER
 SIX MONTHS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11162-02-9

 S. 5166                             2
 
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, VACANT OR ABAN-
 DONED SHALL NOT INCLUDE A COMMERCIAL STOREFRONT WHERE  (I)  THERE  IS  A
 VALID  BUILDING  PERMIT  FOR  REPAIR, REHABILITATION, OR CONSTRUCTION OF
 SUCH COMMERCIAL STOREFRONT AND THE OWNER COMPLETES THE REPAIR, REHABILI-
 TATION, OR CONSTRUCTION WITHIN ONE YEAR FROM THE DATE THE INITIAL PERMIT
 WAS  ISSUED, UNLESS THE OWNER ESTABLISHES THAT ADDITIONAL TIME IS NECES-
 SARY TO COMPLETE THE REPAIR,  REHABILITATION,  OR  CONSTRUCTION  OF  THE
 COMMERCIAL STOREFRONT IN A MANNER PROMULGATED BY THE COMMISSIONER; OR
   (II)  THE  OWNER  OR  LEASEHOLDER HAS FILED AN APPLICATION FOR, AND IS
 ACTIVELY SEEKING TO OBTAIN, AUTHORIZATION, PERMITS OR A LICENSE REQUIRED
 BY STATE OR LOCAL LAW PERMITTING THE LAWFUL USE  AND  OCCUPANCY  OF  THE
 COMMERCIAL STOREFRONT; OR
   (III) SUCH COMMERCIAL STOREFRONT COMPLIES WITH ALL PROVISIONS OF STATE
 AND  LOCAL  LAW, IS READY FOR OCCUPANCY, AND THE OWNER PROVIDES EVIDENCE
 SATISFACTORY TO THE DEPARTMENT THAT THE COMMERCIAL STOREFRONT IS ACTIVE-
 LY BEING OFFERED FOR SALE, LEASE, OR RENT. SATISFACTORY  EVIDENCE  SHALL
 INCLUDE, BUT IS NOT LIMITED TO, EVIDENCE THAT THE OWNER HAS HIRED A REAL
 ESTATE  AGENT  OR  OTHER  RENTAL  AGENT  WHO ADVERTISES AND PROMOTES THE
 COMMERCIAL STOREFRONT FOR RENT,  LEASE  OR  SALE,  OR  PROOF  THAT  SUCH
 COMMERCIAL  STOREFRONT  IS  OFFERED  FOR  SALE  ON  THE MULTIPLE LISTING
 SERVICE OR ANY OTHER COMPARABLE REAL ESTATE LISTING SERVICE.
   § 1351. IMPOSITION OF TAX. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
 CHAPTER, OR OF ANY OTHER LAW, FOR TAXABLE YEARS BEGINNING ON  AND  AFTER
 JANUARY  FIRST,  TWO THOUSAND TWENTY, AN ANNUAL TAX IS HEREBY IMPOSED ON
 EVERY TAXPAYER WHO IS THE OWNER OF  A  VACANT  OR  ABANDONED  COMMERCIAL
 STOREFRONT  LOCATED  IN  A CITY WITH A POPULATION OF ONE MILLION OR MORE
 EQUAL TO ONE PERCENT  OF  THE  ASSESSED  VALUE  OF  THE  PROPERTY  WHICH
 INCLUDES SUCH VACANT OR ABANDONED COMMERCIAL STOREFRONT.
   §  1352.  RETURNS AND PAYMENT OF TAX. 1. EVERY TAXPAYER SUBJECT TO TAX
 UNDER THIS SECTION SHALL, ON OR BEFORE THE FIFTEENTH DAY  OF  THE  FIFTH
 MONTH  FOLLOWING THE CLOSE OF EACH OF ITS TAXABLE YEARS, MAKE AND FILE A
 RETURN WITH THE COMMISSIONER  SETTING  FORTH  SUCH  INFORMATION  AS  THE
 COMMISSIONER MAY PRESCRIBE. EVERY TAXPAYER WHICH CEASES TO BE SUBJECT TO
 THE  TAX  IMPOSED  BY THIS ARTICLE SHALL MAKE AND FILE A RETURN WITH THE
 COMMISSIONER ON THE DATE OF SUCH CESSATION, OR AT SUCH OTHER TIME  WHICH
 THE  COMMISSIONER  MAY REQUIRE, COVERING EACH TAXABLE YEAR OR PERIOD FOR
 WHICH NO RETURN WAS THERETOFORE FILED, SETTING FORTH SUCH INFORMATION AS
 THE COMMISSIONER MAY REQUIRE. EVERY TAXPAYER SHALL ALSO FILE SUCH  OTHER
 RETURNS AND FURNISH SUCH OTHER FACTS AND INFORMATION AS THE COMMISSIONER
 MAY REQUIRE IN THE ADMINISTRATION OF THIS ARTICLE.
   2. THE TAX IMPOSED BY SECTION THIRTEEN HUNDRED FIFTY-ONE OF THIS ARTI-
 CLE  SHALL BE PAYABLE TO THE COMMISSIONER IN FULL AT THE TIME THE RETURN
 IS REQUIRED TO BE FILED. SUCH TAX IMPOSED ON ANY TAXPAYER  WHICH  CEASES
 TO BE SUBJECT TO THE TAX IMPOSED BY THIS ARTICLE SHALL BE PAYABLE TO THE
 COMMISSIONER  AT  THE  TIME  THE  RETURN IS REQUIRED TO BE FILED AND ALL
 OTHER TAXES OF ANY SUCH TAXPAYER, WHICH PURSUANT TO  THE  PROVISIONS  OF
 THIS  SECTION  WOULD  OTHERWISE  BE  PAYABLE SUBSEQUENT TO THE TIME SUCH
 RETURN IS REQUIRED TO BE FILED, SHALL NEVERTHELESS BE  PAYABLE  AT  SUCH
 TIME.
   3.  THE  COMMISSIONER  MAY  GRANT  A  REASONABLE EXTENSION OF TIME FOR
 FILING A RETURN OR FOR PAYMENT OF A TAX IMPOSED BY  THIS  ARTICLE  UNDER
 SUCH CONDITIONS AS IT DEEMS JUST AND PROPER.
   §  1353.  DEPOSIT  AND DISPOSITION OF REVENUE. ALL TAXES, INTEREST AND
 PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER  THIS  ARTICLE
 SHALL BE DEPOSITED AND DISPOSED OF PURSUANT TO THE PROVISIONS OF SECTION
 ONE HUNDRED SEVENTY-ONE-A OF THIS CHAPTER.

 S. 5166                             3
 
   §  1354.  GENERAL  POWERS OF THE COMMISSIONER.  THE COMMISSIONER SHALL
 HAVE THE POWER TO ADMINISTER AND ENFORCE THE TAX IMPOSED BY THIS ARTICLE
 AND THE COMMISSIONER IS AUTHORIZED TO MAKE SUCH RULES  AND  REGULATIONS,
 AND TO REQUIRE SUCH FACTS AND INFORMATION TO BE REPORTED, AS THE COMMIS-
 SIONER MAY DEEM NECESSARY TO ENFORCE THE PROVISIONS OF THIS ARTICLE.
   § 2. This act shall take effect immediately.

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Senate Bill S5166

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2019-S5166 (ACTIVE) - Details

2019-S5166 (ACTIVE) - Summary

2019-S5166 (ACTIVE) - Sponsor Memo

2019-S5166 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5166

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Sponsored By

Robert Jackson

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Julia Salazar

2019-S5166 (ACTIVE) - Details

2019-S5166 (ACTIVE) - Summary

2019-S5166 (ACTIVE) - Sponsor Memo

2019-S5166 (ACTIVE) - Bill Text download pdf

Comments